If you have been charged with Human Trafficking in Orange County, you should contact the Criminal Defense Attorneys at the Atias Law Firm. The Human Trafficking laws entails depriving someone of their personal liberty with intent to force labor or services from them or with the intent to violate California’s pimping and pandering laws, California child pornography laws or California’s extortion laws. It also includes persuading a minor to engage in a commercial sex act. The full text of the human trafficking laws in Orange County can be found in California Penal Code Section 236.1(a). To prove that the defendant is guilty of human trafficking, the Prosecutor must prove that

• the defendant deprived another person of their personal liberty or violated that person’s personal liberty and;
• the defendant intended to obtain forced labor or services.

In California, a deprivation of violation of someone’s personal liberty is a substantial or sustained restriction of their liberty through force, fear, fraud, deceit, coercion, violence, duress, menace, or threat of injury to that person. Duress includes the threat to take away or actual taking away the victim’s passport or other immigration document. With regard to forced labor or services, this means that the labor or services are obtained or maintained through force, fraud, duress, coercion or some other similar behavior that would be expected to reasonably overpower the will of the person providing the labor or services. The full text of human trafficking for purposes of pimping, child pornography or extortion in Orange County can be found in California Penal Code Section 236.1(b). The elements of human trafficking under this section are:

• Depriving another person of their personal liberty or violating that person’s personal liberty and;
• Doing so with the intention to commit one of a specified list of crimes including but not limited to pimping, pandering, extortion, employing minors to participate in child pornography, transporting or distributing child pornography, abduction of a person under 18 for purposes of prostitution, procurement of a child under 16 for lewd and lascivious acts

The full text of human trafficking for purposes of causing a minor to engage in commercial sex in Orange County can be found in California Penal Code Section 236.1(c). The elements of human trafficking under this section are:

• Causing, inducing or persuading a minor to engage in a commercial sex act and;
• With the intent to commit one of a specified list of crimes including but not limited to pimping, pandering, extortion, employing minors to participate in child pornography, transporting or distributing child pornography, abduction of a person under 18 for purposes of prostitution, procurement of a child under 16 for lewd and lascivious acts

The Human Trafficking laws in Orange County can be confusing to a defendant charged with a crime. The Criminal Defense Attorneys at the Atias Law Firm know the ins and outs of these particular criminal charges and we may be able to help you get your case dismissed or lowered to a lesser offense.

Will I Go To Jail?

Possibilities & Penalties For Human Trafficking Charges in Orange County

Human Trafficking is always a felony in California. Human Trafficking but the punishment, penalties and sentencing for human trafficking depend on which section of the statute is being violated. For instance, Penal Code 236.1(a) penalties are punishable by a maximum of 12 years in state prison and a fine of up to $500,000. Penal Code 236,1(b) penalties are punishable by a maximum of 20 years in state prison and a fine of up to $500,000. Penal Code 236,1(c) penalties are punishable by a maximum of 12 years in state prison and a fine of up to $500,000. In instances where it is determined that great bodily injury was inflicted on a victim while committing or attempting to commit a human trafficking offense, the court may inflict an additional 10 years in prison. A defendant may face financial penalties of up to $1,000,000.00 pursuant to California’s proposition 35. Finally, defendants accused of pimping and pandering for the benefit of, at the direction of, or in association with a criminal street gang with the specific intent to promote the gang’s criminal conduct could lead to an additional prison term of 4 years.

Human Trafficking Defenses in Orange County

The Criminal Defense Attorneys at the Atias Law Firm know the defenses that may help get your Human Trafficking charge dismissed. There are a number of defenses to Human Trafficking in Orange County, however the applicability of those defenses depends on the facts of your case. In addition, given the harsh penalties associated with human trafficking, it is imperative that one seeks a good criminal defense attorney to fight the charges. As you can see above, the Prosecutor has a lot to prove. We will work hard to show that any number of the requirements of the law aren’t met. For instance, being falsely accused of human trafficking is a possible defense. Specifically, law-level employees, prostitutes or illegal immigrants may be motivated to accuse someone of holding them against their will in order to gain sympathy or special treatment for themselves. Another defense is that the defendant did not actually deprive the alleged victim of his or her liberty. Misunderstandings occur all the time.  It is very easy for an alleged victim to believe that he or she was not free to leave an employment situation when the defendant had done nothing to lead him or her to believe they were not free to leave. Even the defendant did make a threat with regard to leaving the employment situation, said threat did not rise to the level that would make a defendant criminally liable for human trafficking.

How Can Human Trafficking Charges Be Reduced?

When the prosecution case is strong, sometimes the best tactic is to try to work out a plea deal with the Prosecutor. The Criminal Defense Lawyers at the Atias Law Firm may be able to get your Human Trafficking charge, and the penalties reduced to those penalties associated with other crimes.

What Happens If I Have a Prior Conviction?

In addition, if you have prior convictions for Human Trafficking, then you may face increased penalties in your current Human Trafficking case. The Criminal Defense Lawyers at the Atias Law Firm aggressively challenge any prior convictions. For instance, if your prior Human Trafficking conviction occurred more than 10 years ago, or if it occurred in another state, then we may be able to get those prior convictions stricken. If we can successfully strike your prior convictions, then you will only face 1st time Human Trafficking penalties.

What Should I do about an Human Trafficking charge in Orange County?

Contact the Criminal Defense Lawyers at the Atias Law Firm today for a free and confidential consultation regarding your case. We will look at your personal history and the facts surrounding the charges against you, and then we can discuss possible outcomes with you at no cost.